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20130420
20130420
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is the suspect as he was apprehended last night, it comes as top republicans urged president obama to hold this suspect as an enemy combatant. that would deny him legal rights under the laws of war. is that the way to go? joining me now, jay, chief counsel for law and justice, and julia, democratic strategist and former chief counsel of the house judiciary committee. you have two extremes here. you have folks like the the aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other side, graham and mccain who say, enemy combatant, no miranda, et cetera. jay, where do you fall on it? >> i think the department of justice right now has done the right thing by utilizing the public policy exception to the mirandaizing. that gives the department of -- >> explain briefly what that is. >> if in fact based on evidence that this plot was more extensive. if it is more extensive, and we have no evidence of any of this, the government's going to find that out quickly. then they can make the de
. that's why i've been urging the obama administration to hold him as a potential enemy combatant so we can continue this dialogue apart from the criminal case. >> bret: okay. let me just play devil's advocate and say he is an american citizen. he became one he september 11, 2012. dzhokhar, some with say, should be afforded the rights of american citizens, should be given those rights. let's say he's not the guy and let's say he didn't place the bag. let's say, you know, of course, there is a lot of evidence that police and the f.b.i. are saying and they had him in that boat and we've all saw it live on tv. let's say he's not the guy. >> okay. >> bret: shouldn't he be given the miranda rights? >> he should be given miranda rights no matter what because if you're going to prosecute -- if you interview him to try to find out if he's guilty, he should get miranda rights. every person should if you're going to try to interview them to gain information to convict them in court. he's not entitled to miranda rights if he's a terrorist who is associated himself with enemies of the nation. ameri
to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which it will expire and they must mirandize him, get him an attorney if he wants one? >> well, i trust what pete williams says on these things and there is a period of time, 36 to 48 hours. it's somewhat fudgible. it will defend when aware enough and coherent enough to begin to answer questions. but remember, the exception is about imminent threat. does he know of any other terrorist plots? has he planted any other devices? it's about the immediate safety and security of american citizens. and once law enforcement has concluded that is not an issue anymore based on his questions, they'll then move on to what will be the traditional questioning and interrogation within the constructs of the civilian law system. >> that's to figure out what went down in all this, but how do investigators begin determining whether or not they were part o
to handle him as what they describe as an enemy combat talent. the obama administration doesn't use that term anymore it allows for an indefinite detention of someone under national security concerns. that's what they are hoping for. we will see what the justice department decides, they haven't yet. but certainly, this issue will find its way to washington. there are various house and senate committees that have already said they plan to investigate exactly issues leading up to this explosion and then the subsequent manhunt and investigation and surely those concerned about how the administration handles him in the coming days. no surprise that this group has already said that they would like this because they say frankly, this is what it's for. you find a terrorist on u.s. soil, this is how they should be treated. democrats this after the into, some have already turned around and said, look, the administration is doing just fine on this, this san american citizen, he has to be afforded his rights, the justice department is acting a i appropriate. >> adrian, our pete williams is rep
this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among other things, in the room the night of the bin laden raid when it was planned and orders carried out from the situation room. former head of counter terrorism for this country, michael, walk us through what is likely to happen now. what's the first set of official eyeballs that will sit down across from or ride with this suspect. especially for those of us who would simply like to know what it takes for a 19-year-old to be convinced that putting a bomb down next to little kids is a good idea. >> brian, as pete mentioned during the christmas day bomber in 2009, we hadn't fully established a protocol and discussion about how a terror suspect would be interrogated. we worked through the problem more. there will have already been prethis arrest
combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case was about to go to the supreme court, the government changed its mind and put him into civilian court so
Search Results 0 to 5 of about 6